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HomeMy WebLinkAboutCC MINUTES 1974 11 18 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL November 18, 1974 CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Langley. II. PLEDGE OF ALLEGIANCE Led by Councilman Sharp. III. INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Langley, Sharp, Edgar, Saltarelli, Welsh. Absent: Councilmen: None. Others present: Acting City Administrator Dan Blankenship Asst. City Administrator for Community Develop- ment Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS It was the consensus of the Council that Public Hearing No. 3 would be taken out of order and considered at this point. 3. SAN JUAN-ORANGE ANNEXATION NO. 87 Subject annexation proposal includes the property on the north side of San Juan Street extending from the current City limits on Newport Avenue approximately 1,573 feet easterly. Mr. Pleagle related that the City had filed with the Local Agency Formation Commission a request for authorization to annex to the City the subject property on the north side Of San Juan, which was approved, and the Council had adopted Resolution No. 74-22 scheduling the protest hearing for this date. However, it has been learned that six property owners within the area had not been sent notices of the hearing, and it was reco~aended that the protest hearing be readvertised for January 6, 1975. It was the consensus of the Council that the protest hearing be deferred but that testimony be accepted during the Public Concerns portion of the meeting to accommodate those in the audience wishing to be heard on the matter. Mr. Fleagle read the following Resolution by title: RESOLUTION NO. 74-88 A Resolution DECLARING THAT PROCEEDINGS HAVE BEEN INI- TIATED BY THE CITY COUNCIL OF THE CITY OF TUSTIN TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED AS "SAN JUAN-ORANGE ANNEXATION NO. 87" TO THE CITY OF TUSTIN AND GIVING NOTICE OF THE PRO- POSED ANNEXATION. Moved by Sharp, seconded by Edgar, that further reading be waived and that Resolution No. 74-88 be passed and adopted. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. VI. PUBLIC CONCERNS Moved by Saltarelli, seconded by Sharp that the Public Concerns portion of the agenda be taken out of order for consideration at this time. Carried unanimously. City Council Minutes 11/18/74 Page 2 1. MR. PRESTON JANES, RE: ANNEXATION NO. 87 Mr. Preston Janes, 1281 San Juan, Tustin, addressed the Council concerning the San Juan-Orange Annexation NO. 87, inquiring whether a delay to January would affect jurisdiction over the subdivision of the orange grove within the annexation area. Mr. Fleagle responded by stating that the land is within the County, and the County has the right to approve a subdivision on the property and the owner has the right to proceed with the subdivision in the County, and the building permit can be issued while the property is under County jurisdiction. The City has only courtesy administrative response on the subdiv- ision map, but no jurisdiction over it. Mr. Janes asked why Tustin hadn't requested an EIR on the sub- division on the basis of what impact the surrounding area will have on the development. He felt that by delaying the annexa- tion, Tustin would be inheriting the problems (noise, lights, and traffic problems related to the nearby school) developed under County jurisdiction. Councilman Saltarelli read a policy developed by LAFCO for establishment of short-term (five-year) and long-term (20-year) spheres of influence, by which the County Planning Commission and Board of Supervisors would consider not approving subdivi- , cit ' sions, etc. which are within a y s short-term sphere of influence and can be legally annexed. Since this policy has not been approved, the City can do nothing except act in an advisory capacity. Mr. Fleagle stated that in this case the County Planning Commis- sion had cooperated as requested by LAFCO and the property owner in escrow gave his consent to annex to the City; the problem is in the time lag in proceeding with annexation waiting for letters of consent from absentee owners of property in the annexation area. The inordinate delay puts a financial burden on the potential developer. On waiving the EIR, there is no such dis- cretion as far as a zone change, but this property is being developed within the zoning and is a fairly small project. PUBLIC HEARINGS (Continued) 1. SALE OF RESIDUAL PARCEL AT 155 WEST FIRST STREET Mr. Fleagle gave the background of this matter and briefly responded to questions from the Council. Mayor Langley opened the public portion of the hearing at 7:59 p.m. Mr. Carl L. Wood, Carl Wood Realty, 501 West First Street, Tustin, replied to the Mayor's question stating that his client accepts the two-year due date on the note, with a 9% interest rate and $5,000 cash ($22,500 offer). There being no further conunents or objections, Mayor Langley closed the public portion of the hearing at 8:01 p.m. Mayor Langley confirmed that Mr. Wood's offer was the only one, Dr. Donald R. Scott having withdrawn his offer since the last Council meeting. Moved by Edgar, seconded by Sharp that the offer of Carl L. Wood as modified be accepted. Mr. Fleagle stated that it would be appropriate to designate the City Attorney to consummate the transaction, and include the stipulation that the liability would not be assumed by City Council Minutes 11/18/74 Page 3 transfer but would be in full payment at that time. ~. Wood stated that would be acceptable~ Councilmen Edgar and Sharp agreed to amend the motion as sug- gested by Mr. Fleagle. Above motion as amended carried unanimously. 3. COMMERCIAL PLANNED DEVELOPMENT (CPD) DISTRICT (Continued from November 4~ 1974) An amendment to the Zoning Ordinance, initiated by the Planning Coranission on its own motion, to establish a Commercial Planned Development District. Proposed district would be applicable to cOmmerCial property along First Street from Prospect Avenue west to the Newport Freeway, and specify criteria for planned com- mercial development. Mr. Fleagle stated that a proposal was pending for a convenience market to be located at Pacific and First On the former Tustin Carpets site, and the old house behind th~ property is on the .market. The CPD ordinance would make~available an option for prospective developers to look at adjacent properties and deter- mine whether to put a development in of a character different from the typical frontage co~anercial. The zoning would not preclude small strip coramerCial but would give Other options. In reply to Councilman Edgar, Mr. Fleagle stated that the intent of the zoning is not to have any impact on assessed valuation because there is no change in zoning until an application is made. Councilman Sharp stated that his concern is the same as expressed at the last'meeting; he would endorse the principle of the CPD District, but not the height restriction, as it allows construe- tion which along with the ground coverage' requirements will produce more density and traffic than the surrounding residen- tial area can accommodate. He added that he hoped this ordinance would allow approximately the same kind of development as has occurred on Irvine Boulevard. In reply to CounCilman Welsh, Mr. Fleagle stated that Irvine Boulevard developments have 100% land use occupancy, but with parking it works out to a 50-50 ratio; there is one parking space to each 300 square feet of gross floor area. Mayor Langley opened the public portion of the hearing at 8:12 p.m. Agnes Bacon, 140 Mt. View, Tustin, stated that several people on her street were interested in this matter and had requested that it be continued as they could not be present at this time to express their views. Margaret Byrd, 158 North "B" Street~ Tustin, stated that her house is midway between Irvine and First; if development on First were permitted' to a 300-foot depth, there would be only four houses left on the block. There being no further comments or objections, Mayor Langley closed the public portion of the hearing at 8:15 p.m. ColUncilman Edgar expressed his agreement with Councilman Sharp; the concept is good but the height requirement is not compati- ble with the surrounding area. He favored a 35-foot limitation as on Irvine Boulevard. City Council Minutes 11/18/74 Page 4 Councilman Saltarelli felt that a blanket approach to First Street zoning is not feasible, pointing out that in the area between Irvine and First from Yorba westerly to the freeway, it is conducive to high-rise, while the rest of First Street may not be, and he wanted input from the residents. He added that with the current selling price of properties, it isn't practical to require fifty percent land coverage; he suggested looking at the possibility of underground parking in the area. Mr~ Fleagle replied to COuncilman Edgar regarding the procedure for adoption of this District; once adopted as an amendment to the Zoning Ordinance, developers can be advised that they may apply Under the uSe permit process for an option of development. He said that professiOnal office buildings have proven them- selves good neighbors; commercial development perhaps would not, but this ordinance has safeguards builtintO'it. Moved by Edgar, seconded by Sharp that the City Attorney be directed to draft the necessary ordinance with the stipulation that a 35-foot height requirement be included. In~ response to CounCilman .Sharp's question, Mr. Fleagle recounted the history of ~Se commercial overlay zoning con- cept in the City, starting wi~h the T.N.T. Committee in 1970. Recent Planning Commission hearings on this zoning generated little interest!on thepar~ of affected property owners or adjacent residents. He stated that the concept is nebulous and it'is not knownwhether there would be any interest in it on the part of developers. Councilman Saltarelli suggested that this matter be referred to the reactivated T.N.T. Committee and to the Business and Development Committee of the Chamber of Commerce for their comments. He commented that the First Street project has been completed only for ~ short time and that more discussion of this matter by the business community is warranted, and their Views as to Whether any proposals for development involving a gre~ter depth might be forthcoming should be considered. Moved by Saltarelti, Seconded by Welsh, that this matter be deferred at this time, and that it be referred to the Chamber of Commerce Business and Development Committee and the T.N.T. Committee for comment within 90 days. Councilman Welsh stated that the CPD zoning poses a serious philosophical question because of its possible effect on nearby residents. In reply to Councilman Sharp's question, Mr. Fleagle stated that he was not aware of any parcel, other than any previously discussed~ on which a determination on development would be made within the next 90 days on which this would have a bearing. Councilman Saltarelli stated that potential developers could be advised that this matter is under consideration. Above motion to defer for 90 days carried unanimously. PUBLIC CONCERNS ~ (Continued) 2. MR. BILL LUCAS, RE: GROUP HEALTH INSURANCE Mr. Bill Lucas asked whether the City was open for competitive bidding on group health insurance for City employees. Mr. Lucas was advised that a report on this matter had been prepared by staff and would receive Council'consideration later in the meeting. City Council Minutes 11/18/74 Page 5 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of November 4, 1974, meeting. 2. RATIFICATION OF DEMANDS in amount of $100,224.02. 3. RESOLUTIONS REQUESTING INCLUSION OF TUSTIN PROJECTS WITHIN THE F.A.U. THREE YEAR PROGRAM. a. RESOLUTION NO. 74-89 A Resolution of the City Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y. 1973- 74, 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF TRAFFIC SIGNALS ALONG NEWPORT AVENUE. b. RESOLUTION NO. 74-90 Resolution of the City Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AND URBAN THREE YEAR (F.Y. 1973- 74, 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF TRAFFIC SIGNALS ALONG MCFADDEN AVENUE. c. RESOLUTION NO. 74-91 Resolution of the City Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y. 1973- 74~ 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF A COMMUNITY BUS SERVICE. 4. RESOLUTION NO. 74-92 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION. (Irvine Boulevard reconstruction from "B" Street to Prospect). Adoption as recommended by the City Engineer. 5. RESOLUTION NO. 74-93 A Resolution of the City Council of the City of Tustin, California, APPROVING CERTAIN CHANGES IN THE FUNCTIONAL CLASSIFICATION OF HIGHWAYS, ROADS AND STREETS IN THE CITY OF TUSTIN. 6. TRAFFIC SIGNAL INSTALLATION AGREEMENT (Irvine BOulevard and Newport Freeway) Mr. Blankenship replied to Council's questions concerning Consent Calendar Item No. 3, by stating that "Other" funding as listed in the City Engineer's November 13th report refers to County or other agencies responsible for paying part of the cost of the requested F.A.U. projects, and explained that this phase of the process just proposes projects but does not com- mit the City to them. Factors related to each project would be presented to the Council at a later date for a decision whether or not to proceed. Moved by Saltarelli, seconded by Sharp, that the Consent Cal- endar be approved. Carried unanimously. City Council Minutes 11/18/74 Page 6 VIII. ORDINANCES FOR ADOPT I ON NONE. IX. ORDINANCES FOR INTRODUCTION NONE. X. NEW BUSINESS 1.CORRECTIVE IMPROVEMENTS FOR PINETREE PARK Mr. Blankenship summarized the~ Parks _and- Recreation Director ' s NovemberYth~memorandum.~co~c~ning C0rr~ctive improvements for Pine Tree Park, and Mr. Biery, Parks and Recreation Director, clarified the recommendatioNS ~inth~t. report. in response to questions from the Council, and generally described the site of the proposed sand Volleyball court at Centennial Park (near the picnic area). May6r Langley asked that!~a=~copy of the plan of Centennial Park with~the ~xact ~ahd votl~ybalI* c~u~ :i0~ation delineated be sent to members of the City Council. Mr. Blankenship advised Councilman Edgar that installation of horseshoe. pits at~PineTree Park',' as approved by Council several months ago, should be;initia'ted shortly." There had been diffi- culty in obtaining the necessary met~l/'Which has now been received and. fabricated. Moved by Saltarelli, seconded by Welsh, that the staff proceed with the basketball stand'ardS at Centennial Park,' and allocate monies from the undistributed reserves to repair the curbs behind theI Swi~gs'~ in=. Pine~! Tree Park~ Carried unanimously. XI. OLD BUSINESS 1. ZONE CHANGE - -WINDSOR GARDENS APARTMENTS Application for rezoning from the R-3 District to the Planned Development District for the property located at 1651 Mitchell Avenue, for the purpose of authorizing l a conversion of a 70-unit apartment'complex to condo- minium status, Based on a letter of request from the applicant for withdrawal of this application from further consideration, it was moved by Langley, seconded by Edgar, that Zone Change Application 74-11 be tabled. Carried unanimously. 2. HOLTRE DISPOSAL REQUEST FOR THREE-YEAR CONTRACT EXTENSION Mr. Blankenship summarized his report on this matter, and stated thatit Would be 'to~ the City's advantagetoextend the contract with Holthe Disposal Service. Moved! b~ Edgar, Seconded by .Sha~rp~ that the extension of the contract with Holthe DispOsal Service be granted, subject to the conditions recommended by the Acting City Administrator, as follows: a. Holthe establish a permanent yard within a ten-mile radius of the Tustin City Center and preferably within the City limits before the expiration of the initial contract on Jane 1, 1977. City Council Minutes 11/18/74 Page 7 b. Holthe acquire at least an acre of ground and expend at least $50,000.00 in improvements to the facility. c. Said facility shall be developed and maintained in a presentable and clean manner, properly screened from public view. ~-~ d. Said facility shall contain a combination business and shop office; at least two repair bays and one paint bay; underground fuel storage and concrete or asphalt paved yard for parking, storage and maneuvering of vehicles. e. Holthe improve and maintain to a quality standard the appearance, condition and cleanliness vehicles~equipment andlbins. f. Hol~/qe provide in,the new facilities shower and dress- ing facilities for the collection and repair employees and establish and maintain a high standard of appear- ance of the employees commensurate with their duties. Carried by 4-0 vote, Councilman Saltarelli abstaining. XII. OTHER BUSINESS I. T.N.T. COMMITTEE Councilman Edgar announced that the new T.N.T. Committee had held two meetings, and that Maurice Elsner had been elected Chairman and Maureen Holthe Vice Chairman. He requested official Council recognition of the Cor~ittee and an indication of support. Responding to Mayor Langley's question, Councilman Edgar stated that the nature of support desired at this time would be the acknowledgement by the Council of the formal existence of the Committee. In future the necessity may arise for certain staff inputs as to costs and practicalities of some of the things to be presented. Mayor Langley stated that the Council is seeking representation of all facets of community life, and expressed appreciation for the time and effort expended by those attending the meetings. He requested that staff report at the next Council meeting as to the organization of the prior T.N.T. Committee. 2. CORPORATION YARD PLANNING F~. Btankenship reported to theCouncil that a December 5th meeting has' been scheduled with School District representatives to pool information gathered by the City and District on their respective needs with regard to a corporation yard, so that areas ofcooperation can be identified and presented to the Council. 3. BROKER OF RECORD APPROACH ON GROUP HEALTH INSURANCE Mr. Blankenship recapped his memorandum of November 15, 1974, on use of the broker of record approach on group health insur- ance for employees. Councilman Welsh inquired as to whether only a broker of record would be investigating complaints, explaining the plans, etc., or whether these services would also be expected from a com- petitive bidder. Mr. Blankenship explained that with a broker of record, there are two layers of assistance as the company will also provide time to make explanations to the employees. City Council Minutes 11/18/74 Page 8 Mr. Bill Lucas agreed, stating that major companies submitting bids have group sections and provide all the group service to the City and give individual attention to people with problems. He felt that the City should consider its cost to administer their group plan, over and above budgeted costs. Under his proposal, through the agent, the company would handle the cases on an individual basis, with the City not being involved at all. He asked for the opportunity in April to submit a bid from Massachusetts Mutual Life Insurance Company. Mayor Langley stated that it would be improper for the Council to give one agent the opportunity to submit a bid without giving other agents the same opportunity. Councilman Saltarelli agreed, and said that the decision should be made in April as/ to whether to go to~competitive bidding, and, if so, give it public notice. Mr. Saltarelli added that discussion of thismatter'should not take place without the City's broker being present, and suggested that the Council review Mr. Blankenship's report and consider it in the future. 4. SYCAMORE AVENUE ACCESS ACROSS THE A.T.& S.F. SPURLINE, TRACT NO. 7954 Moved by Edgar, seconded by Welsh that staff proceed with the installation of proposed crossing facilities, to provide for a 16-foot-wide emergency access and pedestrian access across the A.T. & S.F. Railway rights-of-way from Tract 7954 (Peppertree) to Tract 6580 (Tustin Meadows), at an estimated cost of $28,000 to be borne by the developer~ Carried unanimously. Councilman Saltarelli requested ~hat advice of this action be forwarded to the President of the Peppertree Homeowners ASsoci- ation. 5. JAMBOREE SLOPE LANDSCAPING Report received; no action required. 6. CAPITAL IMPROVEMENT PROJECT SCHEDULING Mr. Blankenship advised that the schedule provided by the City Engineer, dated November 15, 1974, on capital improvemen~ pro- jects was a first draft of a report to be presented to the Council on a monthly basis. 7. WINDOW TREATMENT FOR CITY HALL AND POLICE DEPARTMENT Moved by Edgar, seconded by Langley, that Levolor blinds be approved for 87~windows in the 'City Hall and Police Department building. Carried unanimously. 8. RECONSIDERATION OF NAMING OF LAUREL PARK, MITCHELL & UTT Moved by Saltarelli, seconded by Langley that the Council recon- sider.the naming of LaurelPark, as requested by the Parks and Recreation Commission. Carried unanimously. Following some discussion of the intended western theme of the park, it was moved by Edgar, seconded by LangLey, that the park be renamed "Ponderosa Park". Council discussed the policy on park namin~ and the concept of naming the park in accord with its identifying features. Council- man Welsh felt that if the Councilis going to deviate from its policy of naming parks after trees, perhaps in favor of identi- fication by geographical location or theme, then the policy should be reconsidered with input from the Parks and Recreation Commission. City Council Minutes 11/18/74 Page 9 Councilman Saltarelli agreed, ~but said a rapid decision was necessary in this case because of the approaching dedication date. Councilman Edgar concurred that parks shouldn't be limited to tree names, particularly because of the Prospect-Beneta Park which will be the central park in the City. Above motion' failed by roll call vote. Ayes: Langley, Edgar. Noes: Sharp~ Saltarelli, Welsh. Noes: none. Moved by Saltarelli, seconded by Welsh, that the park be designated "Frontier Park". Carried by roll call vote. Ayes: Sharp, Edgar, Saltarelli, Welsh. Noes: Langley. Absent: none. 9. DRAINAGE PROBLEM, CITY CENTER PARKING LOT Mr. Blankenship described a problem which has developed on the west side City Center parking lot where it abuts Third Street, and suggested two alternative solutions: a crossgutter, at an estimated cost of $1,600, and an asphalt swail at $541, the lat- ter being only a temporary solution. In response to Councilman Sharp concerning responsibility for the cause of the problem, Mr. Rourke said it was his understand- ing that the architects contend that the survey data presented to them on the slope of the land didn't represent it as it was in fact, and they designed drainage as they understood the grades to b~. He agreed to look into the matter and make a determination. ~-~ CounCilman Sharp felt that this was a design deficiency which the architect should have to correct at his own expense. He sug- gested that Mr. Rourke parsue an investigation of the contract and of this situation to determine the architect's responsibility and obligations~ Mr. Rourke explained that the matter is more complex, in that if the architect had seen the facts correctly, it might be assumed that the bids submitted by the contractors would have been larger to accommodate a drainage solution. He felt that it wasn't reasonable that the architect should pay for any struc- ture which he failed to design~ He said a .decision must be made as to what should be done structurally and then who will bear a part of the cost; this may take some while to resolve. Mayor Langley said that regardless of who pays, the Council should strongly consider the permanent solution because the swail will not be adequate to solve the problem. In response to Councilman Saltarelli~ Mr. Blankenship stated that the crossgutter would be needed even when the service road is open, to move water from the north to the south side of Third Street to the service road. He said that a firm pro- posal on a permanent solution would be obtained and presented to the Council at the next meeting i~ conjunction with the City Attorney's presentation of findings with regard to the architect's responsibility. He advised Councilman Welsh that the City Engineer would be involved in Ithis ~process as part of the required data would be the flow lines for Third Street. 10. SANTA ANA RIVER FLOOD PROTECTION AGENCY Mr. Blankenship brought to the Council's attention the proposed establishment of the Santa Ana River Flood Protection Agency, attempting improvements to the Santa Ana River channel on a City Council Minutes 11/18/74 Page 10 multi-County'level¥ wit~%~ costs being shared by participating agencies on an equal basis'. He said' that. information on this will be sent to the Council, as a decision will have to be made in the future as to the City's support. 11. PINE TREE PARKS SCREENING Councilman Welsh asked that Mr. Blankenship investigate the status of installation 6f protective' landscaping' along the fence between Pine Tree Park and adjacent residences. 12. BICYCLE TRAFFIC, NEWPORT AND SAN JUAN Councilman Welsh asked that staff look into ramifications of bicyclists crossing Newport at Main and proceeding south to San Juan facing traffic on the east side of the street in order to turn safely onto San Juan, versus obeying the law by proceeding southerly on the west side of Newport and making a very hazardous leftI turn~ onto. San Juan across traf- fic lanes~ 13. LEFT TURNS, FIRST AND NEWPORT Councilman Welsh requested continued monitoring of the traffic at First and Newport with particular attention to the effect of the double left turn lanes on accident statistics. 14. COMMENDATION OF CONTRACTOR Mayor Langley agreed to carry out' Councilman Edgar's suggestion of sending a letter of commendation to R. J. Noble Co. for the professional and~ expeditious manner in which they completed the Irvine Boulevard reconstruction. In a brief discussion which followed of appropriate means of commending persons or groups, whether by letters or proclamations, it was decided that the Council would regularly be provided a list of proclamations issued. 15. PROSPECT-BENETA PARK COunCilman Edgar requested that the Pa~ks 'and Recreation Commis- bion be asked. to agendize ~ work statemen~ as to what they think~ the dimensions of the prospective park architect's deliberations should be in designing the ~oncept of the Prospect- Beneta Park. 16. TUSTIN WATER WORKS RATE INCREASE REQUEST Mr. Rourke was asked to investigate the amount of rate increase which has been requested olfthe P. ublic Utilities .Commission by the Tustin Water Works. XIII. ADJOURNMENT The meeting ad3ourned at 10:25 p.m. to an Executive Session immediately f~llowi~g .t~mee~ting, then to an Executive Session onFriday, November 22, 1974, at 3:00 p.m. in'City Hall, and then to the next regularly scheduled meeting of December 2, 1974, at 7:30 p.m. i~ "the Council Cham~ers. MAYOR TTY CLEPd<